[Federal Register: March 17, 1999 (Volume 64, Number 51)]
[Notices]
[Page13228-13229]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17mr99-89]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Availability of an Environmental Assessment and Receipt of an
Application for a Permit to Allow Incidental Take of Threatened and
Endangered Species in Connection With the North Peak Development
Project in the City of Lake Elsinore, Riverside County, California
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of Availability.
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SUMMARY: North Peak Partners, L.P., (Partners) have applied to the Fish
and Wildlife Service for an incidental take permit pursuant to the
Endangered Species Act of 1973, as amended (Act). The Partners request
a 30-year permit authorizing incidental take of certain species in
connection with the development of a master planned community, road
improvements, ongoing management on open space and facilities, and
implementation of conservation measures in the planning area located in
the City of Lake Elsinore, Riverside County, California. The proposed
permit would allow take in the form of harm or harassment of 3
currently listed species [coastal California gnatcatcher (Polioptila
californica californica), least Bell's vireo (Vireo bellii pusillus),
and Stephens' kangaroo rat (Dipodomys stephensi)] and 30 sensitive
species that may be listed as threatened or endangered during the
period permit. The proposed permit also would allow take in the form of
harassment of 16 bird and mammal species, primarily raptors and bats
that forage in the area. In addition, the Partners anticipate that 12
additional species would need to be added to the permit (if found to be
present and a taking would occur) and have proposed a streamlined
amendment process to determine measures to avoid, minimize, mitigate,
and authorize take of those species. As required under the Act, the
Partners have prepared a habitat conservation plan (Plan) for the
species that would be covered by the incidental take permit and have
submitted the Plan to the Service, together with an Implementation
Agreement. The Plan and Implementation Agreement are part of the permit
application.
The Service announces the availability of the permit application
and the Environmental Assessment for public review and comment. All
comments received, including names and addresses, will become part of
the administrative record and may be made available to the public.
DATES: Written comments on the permit application and the Environmental
Assessment should be received on or before April 16, 1999.
ADDRESSES: Comments should be addressed to Jim Bartel, Assistant Field
Supervisor, Fish and Wildlife Service, 2730 Loker Avenue West,
Carlsbad, California 92008. Comments may be sent by facsimile to 760-
431-9624.
FOR FURTHER INFORMATION CONTACT: Michelle Shaughnessy, Branch Chief, or
Dan Brown, Fish and Wildlife Biologist, at the above address
(telephone: 760-431-9440).
SUPPLEMENTARY INFORMATION:
Availability of Documents
If you would like a copy of the documents, contact the Service's
Carlsbad Fish and Wildlife Office at the above referenced address or
telephone. Documents also are available for public
[[Page 13229]]
inspection, by appointment, during normal business hours at the above
address.
Background Information
Under section 9 of the Act and its implementing regulations,
``taking'' of threatened or endangered wildlife species is prohibited.
That is, no one may harass, harm, pursue, hunt, shoot, wound, kill,
trap, capture or collect listed animal species, or attempt to engage in
such conduct (16 USC 1538). The Service, however, may issue permits to
take such species if the taking is incidental to, and not the purpose
of, otherwise lawful activities. Regulations governing such permits are
in 50 CFR 17.32 for threatened species and 50 CFR 17.22 for endangered
species.
The permit requested by the Partners would allow incidental take of
up to 61 species in connection with direct and indirect effects of
development and management activities identified in the Plan. The area
covered by the proposed permit includes approximately 997 acres within
a Specific Plan area and 23 acres along the road providing access to
the site. It is estimated that 1 pair of California gnatcatchers, 1
acre of potential least Bell's vireo habitat, and 220 acres of
Stephens' kangaroo rat habitat would be harmed. Take of other species
covered by the Plan is estimated in terms of habitat removal and would
range from 1 to 621 acres depending on the habitat of the species. To
avoid, minimize, and mitigate the effects of take, the Partners propose
to limit direct harm to species, conserve 511 acres of natural habitats
(including 340 acres of coastal sage scrub and 19 acres of riparian/
wetland habitats), provide for the ongoing management of onsite
conserved habitat, and maintain wildlife corridors and habitat
connections across the property and to other protected lands.
Approximately 411 acres would be conserved onsite (including 36.6 acres
revegetated with coastal sage scrub and 11 acres of created/enhanced
riparian and wetland habitats). Onsite conserved habitat would include
1 coastal California gnatcatcher use area, 6 acres of least Bell's
vireo habitat, and 290 acres providing regionally significant habitat
connections for Stephens' kangaroo rat. Two parcels totaling 100 acres
would be dedicated to existing wildlife reserves in the region.
The Environmental Assessment considers six alternatives, including
No Action. The first alternative considers the effects of the
development project on the species of concern assuming implementation
of the Plan as proposed by the Applicant. The second alternative
considers reduced habitat impacts and increased onsite conservation in
the master planned community through elimination of one of two proposed
golf courses. The third alternative considers preservation of the area
proposed for the master planned community under a mitigation banking
agreement. Two variations of the third alternative are presented: one
that covers the plan area identified in the Partner's Plan, and one
that would conserve an additional 773 acres in the Specific Plan area
as part of the mitigation bank. The 773 acres that would be added under
the second variation have already been proposed by the Partners as a
mitigation bank. The fourth alternative considers additional
residential development instead of two golf courses in the master
planned community. The fifth alternative considers development and
onsite conservation as proposed in the 1991 Specific Plan for the
property. The sixth alternative (No Action) considers a continuation of
existing conditions in the plan area.
This notice is provided pursuant to section 10 (a) of the Act and
Service regulations for implementing the National Environmental Policy
Act of 1969 (40 CFR 1506.6). The Service will evaluate the application,
associated documents, and comments submitted thereon to determine
whether the application meets the requirements of law. If the Service
determines that the requirements are met, a permit will be issued for
the incidental take of the listed species. A final decision on permit
issuance will be made no sooner than 30 days from the date of this
notice.
Dated: March 10, 1999.
Elizabeth H. Stevens,
Deputy Manager, California/Nevada Operation Office, Region 1,
Sacramento, California.
[FR Doc. 99-6438 Filed 3-16-99; 8:45 am]
BILLING CODE 4310-55-P